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Execution Copy
<br />2.5 Blew's is to provide affidavit of wages paid in accordance with state law for
<br />Blew's and all subcontractors.
<br />2.6 Blew's shall release Kittitas County from the landscape subcontractor
<br />acknowledging the reduction in payment as paid in full for non -conforming work. Kittitas County
<br />releases Blew's and its landscaping subcontractor from any further landscaping work or warranty work
<br />relating to landscaping.
<br />2.7 The Performance Bond will be held by Kittitas County until September 14,
<br />2022, but the parties recognize this Settlement Agreement neither increases nor decreases the scope of
<br />the Performance Bond.
<br />2.8 Kittitas County shall file the Contractor's completion of Public Works
<br />Contract with the three state agencies immediately upon receipt of Affidavits and Lien Waivers from
<br />Blew's.
<br />2.9 At the first County Commissioners' meeting where approval to sign this
<br />agreement is granted, Kittitas County shall, pursuant to RCW 39.08.030 by affirmative action of the
<br />County Commission, accept the work.
<br />Mutual Releases
<br />3.1 The Parties, on behalf of themselves, and on behalf of any heirs, successors,
<br />predecessors, agents, assigns, insurers and representatives, hereby mutually and irrevocably
<br />release and discharge the each other, individually and collectively, and each and all of the Parties'
<br />successors, predecessors, assigns, transferees, agents, trustees, attorneys, insurers, consultants, and
<br />representatives from any and all demands, claims, counterclaims, actions or causes of action,
<br />rights, obligations, duties, damages, suits, payments, accounts, debts, covenants, promises,
<br />agreements, judgments, liabilities, losses, response or investigative costs stemming from the
<br />construction contract, and its execution, that is the subject of Grant County Superior Court cause
<br />No. 21-2-00525-13. This mutual release includes all known and unknown claims and claims
<br />which were filed or could have been filed in the Grant County action.
<br />3.2 Pursuant to this Settlement Agreement, all claims and rights of whatever
<br />kind with respect to the Parties' contract above-mentioned and their performance thereunder are
<br />fully and completely released, waived, satisfied, discharged and settled.
<br />No Admission of Liability
<br />4.1 Neither this Settlement Agreement nor any term herein constitutes and shall not
<br />be construed as an admission of liability as to any claim, theory or factual allegation made against any
<br />Party. No consideration provided hereunder, including any payment or the grant of any release, shall be
<br />considered an admission by or against any Party and no past or present wrongdoing on the part of the
<br />Parties shall be implied by consideration, release, or this Settlement Agreement.
<br />5 Indemnification.
<br />5.1 Blew's agrees to defend, hold harmless and indemnify the County from and
<br />against any and all liabilities, claims, damages, including consequential damages and reasonable
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